Pro Life v. Pro Death: Abortions and the Supreme Court

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Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey - 3 landmark Supreme Court Cases dealing with abortions. Here in one place are important excerpts from all three cases.

This book was put together by a conservative lay person for other conservatives. Examples of some of what you will find in the book: “The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as 1891, the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution."

From Justice Blackmun’s Majority Opinion in Roe v. Wade “The fact that a majority of the States reflecting, after all, the majority sentiment in those States, have had restrictions on abortions for at least a century is a strong indication, it seems to me, that the asserted right to an abortion is not "so rooted in the traditions and conscience of our people as to be ranked as fundamental.”

From Justice Rehnquist’s Dissenting Opinion in Roe v. Wade “Roe v. Wade sets forth our conclusion that a pregnant woman does not have an absolute constitutional right to an abortion on her demand…Further, a physician or any other employee has the right to refrain, for moral or religious reasons, from participating in the abortion procedure.”

From Justice Blackmun’s Majority Opinion in From Doe v. Bolton “The common claim before us is that, for any one of such reasons, or for no reason at all, and without asserting or claiming any threat to life or health, any woman is entitled to an abortion at her request if she is able to find a medical advisor willing to undertake the procedure.”

From Justice White’s Dissent in From Doe v. Bolton “Viability marks the earliest point at which the State's interest in fetal life is constitutionally adequate to justify a legislative ban on nontherapeutic abortions. The soundness or unsoundess of that constitutional judgment in no sense turns on when viability occurs.”

From the Majority Opinion in Planned Parenthood v. Casey “The correct analysis is that set forth by the plurality opinion in Webster: a woman’s interest in having an abortion is a form of liberty protected by the Due Process Clause, but States may regulate abortion procedures in ways rationally related to a legitimate state interest.”